(a)  It is a deceptive trade practice, in violation of chapter 13.1 of Title 6, “Deceptive Trade Practices,” whenever:

(1)  A person installs or reinstalls, as part of a vehicle inflatable occupant restraint system, any object in lieu of an airbag, including a nonfunctional airbag, counterfeit supplemental restraint system component, or any light manipulating system;

(2)  A person imports, manufactures, sells, or offers for sale any device with the intent that the device will replace an airbag in any motor vehicle if the person knows, or reasonably should know, that the device supplemental restraint system component or otherwise does not meet federal safety requirements;

(3)  A person sells, or offers for sale, any device that, when installed in any motor vehicle, gives the impression that a viable airbag is installed in that vehicle, including any light manipulating system; or

(4)  Any person intentionally misrepresents the presence of an airbag when one does not exist.

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Terms Used In Rhode Island General Laws 31-53-4

  • Airbag: means a motor vehicle inflatable occupant restraint system device that is part of a supplemental restraint system. See Rhode Island General Laws 31-53-3
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterfeit supplemental restraint system component: means a replacement supplemental restraint system component, including, but not limited to, an airbag that displays a mark identical or substantially similar to the genuine mark of a motor vehicle manufacturer or a supplier of parts to the manufacturer of a motor vehicle without authorization from that manufacturer or supplier, respectively. See Rhode Island General Laws 31-53-3
  • Light manipulating system: means anything that would mask or cause the inaccurate indication of the airbag system status, condition, or operability. See Rhode Island General Laws 31-53-3
  • Nonfunctional airbag: means a replacement airbag that meets any of the following criteria:

    (i)  The airbag was previously deployed or damaged;

    (ii)  The airbag has an electric fault that is detected by the vehicle's airbag diagnostic systems when the installation procedure is completed and the vehicle is returned to the customer who requested the work to be performed or when ownership is intended to be transferred;

    (iii)  The airbag includes a part or object, including, but not limited to, a supplemental restraint system component installed in a motor vehicle to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or

    (iv)  The airbag is subject to the prohibitions of Rhode Island General Laws 31-53-3

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person, corporation, partnership, unincorporated association, or other entity. See Rhode Island General Laws 31-53-3

(b)  Failure to comply with the provisions of this chapter shall constitute an unfair method of competition and an unfair or deceptive act or practice under chapter 13.1 of Title 6, entitled “Deceptive Trade Practices,” and the penalties and remedies provided in that chapter shall apply against any individual, corporation, or partnership violating any provision of this chapter.

(c)  Any person who violates this section is also guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000) per violation, or imprisonment for a period of not more than two (2) years per violation, or both.

(d)  A person whose violation of subsection (a) of this section results in serious bodily injury or death shall be imprisoned for a period of not more than ten (10) years or fined not more than one hundred thousand dollars ($100,000), or both, per violation.

History of Section.
P.L. 2010, ch. 123, § 1; P.L. 2010, ch. 319, § 1; P.L. 2018, ch. 57, § 1; P.L. 2018, ch. 60, § 1.